RAM ANJAMMA Vs. G. NARAYAN SWAMI

JUDGEMENT

(1.) THE children and mother of the deceased by name Ram Sunkaiah, aggrieved by the award of the learned Chairman of the Motor Accidents Claims Tribunal -cum -District Judge, Ongole (for short, 'the Tribunal') in O.P. No. 359 of 2002 dated 31.10.2006 filed by them against the owner and insurer of the lorry bearing registration No. ABA 236 covered by Ex. B1 policy, for dismissal of the claim against the insurer and fixing the liability of payment of compensation only against the owner, preferred this appeal.

(2.) THE contentions in the grounds of appeal in nutshell are that the award of the Tribunal is unjust and compensation awarded is Utterly low and that the Tribunal should have fixed joint liability and thereby sought for allowing the appeal as prayed for before the Tribunal. It is further contended that as per Ex. A5 PME report, the death was not the direct result of the fall from the lorry as unauthorized) passenger, but due to asphyxia after said fall from the said vehicle, that the vehicle turned turtled on him and to that extent he is a third party, that though for the unauthorized passenger, the insurer is not liable, that so far as third party, liability is concerned, the insurer is liable, since the policy admittedly issued covers the third party liability and hence to allow the appeal.

(3.) NOW the points that arise for consideration in the appeal are: